Duffy Cahill Report – How to Avoid Another “Clery’s Situation” happening again

The recent publication of the report of two experts appointed to examine and review employee protection legislation in the context of ensuring that limited liability or restructuring are not used as a means to avoid a company's obligations to its employees was published at the end of April by Richard [...]

By |2019-10-18T10:25:27+00:00May 11th, 2016|Collective Redundancies, Consultation, Contracts of Employment, Duffy Cahill Report, Exceptional Collective Redundancies, Information and Consultation, Injunction, Litigation, Penalisation|Comments Off on Duffy Cahill Report – How to Avoid Another “Clery’s Situation” happening again

Protected Disclosures Act 2014 – Application for Injunctive Relief

The recent case of Dan Philpott v Marymount University Hospital and Hospice Limited 2015/364 (Circuit Court) (unreported) delivered on June 12th 2005 is the first reported case under the Protected Disclosures Act 2014. Background The applicant in this case commenced employment on 6th May 2014 on a five year fixed [...]

By |2019-10-18T10:25:28+00:00August 24th, 2015|Circuit Court, Protected Disclosures Act 2014, Unfair Dismissal|Comments Off on Protected Disclosures Act 2014 – Application for Injunctive Relief

Injunctions and Entitlement to Terminate at Common Law Without Cause

In a judgement delivered by Ms Justice Finlay Geoghegan on 16th March 2014 in [Lee Bradshaw v William Murphy and Joseph Murphy and Claire Murphy and Copper Bar and Grill Limited [2014] IEHC 146] the plaintiff, a Chef and restaurateur was employed by the fourth named defendant "The Copper Bar [...]

By |2019-10-18T10:25:58+00:00November 11th, 2014|Damages, Facebook, High Court, Injunction, latest news, Litigation, Wrongful Dismissal|Comments Off on Injunctions and Entitlement to Terminate at Common Law Without Cause

UK High Court Enforces 12 month Restrictive Covenant Clause

In the recent UK case of Romero Insurance Brokers v Templeton [2013] EWHC 1198 (QB) the UK High Court was asked to consider a number of questions including the enforceability of a 12 month restrictive covenant. A copy to the decision is found here. Background The defendant in this case, [...]

By |2019-10-18T10:26:20+00:00March 3rd, 2014|Confidental Information, Constructive Dismissal, High Court, Injunction, Insurance, latest news, Litigation, Redundancy, Restrictive Covenant, Restrictive Covenants, Unfair Dismissal, Wrongful Dismissal|Comments Off on UK High Court Enforces 12 month Restrictive Covenant Clause

The Defamation Act 2009 and Remedies

In the second of our blog posts concerning the Defamation Act 2009, we look at the various remedies available under the Act. 1. Declaratory Order A new fast track remedy is now available under the Act whereby a person who claims to be the subject of a statement he or [...]

By |2019-10-18T10:20:33+00:00August 15th, 2013|Circuit Court, Defamation, High Court, Injunction, Internet, social media, Statute of Limitations (Amendment) Bill 2013|Comments Off on The Defamation Act 2009 and Remedies

Injunction, Copyright Infringement, thepiratebay.org website and Application for “Amicus Curiae” – Recent Commecial Court Decision in EMI Records and Ors v UPC, Vodafone and Ors

The recent decision in EMI Records (Ireland) Limited, Sony Music Entertainment (Ireland) Limited and ors v UPC Communications Ireland Limited, Vodafone Ireland and ors, before the Commercial Court concerned an action by the plaintiff's seeking an injunction requiring the defendants to block access to thepiratebay.org website and related domain names. [...]

High Court Injunction – Breach of Trust and Confidence

In a recent judgement of Ms Justice Laffoy delivered on 22nd March 2013 in Mark Ryan v ESB International Limited [2013 IEHC 126] the plaintiff sought an interlocutory injunction restraining his dismissal on the grounds of "breach of trust and confidence" entitled to be held by the defendant in him. By way of background, the [...]

By |2019-10-18T10:19:41+00:00April 18th, 2013|Breach of Trust and Confidence, Bullying and Harassment, Contracts of Employment, Disciplinary Meetings, Employee Handbook, High Court, Injunction, latest news, Litigation|Comments Off on High Court Injunction – Breach of Trust and Confidence

High Court Injunction – Plaintiff claims damages not adequate remedy where loss of salary

In the recent High court case of Octavio Hernandez v Vodafone Ireland Limited [2013 1496P] delivered on 21st February 2013, Justice Laffoy was asked to consider an application for interlocutory injunctions restraining the defendant, (the plaintiff’s former employer) from (a) actively preventing the plaintiff from engaging in a new employment contract with [...]

By |2019-10-18T10:19:25+00:00March 18th, 2013|Competition Law, Contracts of Employment, High Court, Injunction, Intellectual Property, Litigation, Restrictive Covenant, Restrictive Covenants|Comments Off on High Court Injunction – Plaintiff claims damages not adequate remedy where loss of salary

NAMA Injunction against ex employee for alleged breaches of Confidential Information proceeds to Commerical Court

In what is likely to be a very interesting case before the Commercial Court, the Irish Times reported today that the National Asset Management Agency ("NAMA") had earlier this month obtained a High Court injunction against an ex employee requiring him and his wife to hand over all documents, communications and materials containing [...]

By |2019-10-18T10:16:40+00:00September 12th, 2012|Commercial Court, Confidental Information, High Court, Injunction|Comments Off on NAMA Injunction against ex employee for alleged breaches of Confidential Information proceeds to Commerical Court